Decisions, Orders and Registration

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Decisions, Orders and Registration
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The first decision..

• Section 24(1)
• The prhc to which a tenants application under
  section 22(1) is referred must decide whether the
  landlord has complied with the duty imposed by
  section 14(1)(b).

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Has the landlord complied with the duty?

• If yes,
• Prepare decision and Statement of reasons
• If no, prepare decision and Statement of reasons
  and make RSEO
• RSEO to be prepared and signed by the Chairman
  4 certified copies required

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What if landlord cannot comply?

• Prepare decision and Statement of reasons,
• Serve notice on LA stating landlord unable to
  comply
• This notice need not be registered,
• But is appealable

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Service and appeal

• The decision must be served on
• Landlord
• Tenant
• Tenant's rep (if any)
• Local Authority
• Either party can appeal to the Sheriff within 21
  days

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RSEO must.

• Contain details of the work the landlord must do
• Specify time period for work to be done
• This must not be less than 21 days
• Time period specified must begin with the date
  from which the Order has effect

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registration

• RSEO must be registered in appropriate land
  register
• Use template
• If Land register Title you must insert Title
  number
• If GRS case need full conveyancing description

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Who does what?

• The Committee making the Order must register it
• Chairman must-
• complete and sign RSEO
• complete and sign necessary registration forms
• complete and sign 4 certified copies

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Next stagehas landlord complied with the RSEO?

• 3 options-
• Yes, no or cannot
• If yes, then make a decision to that effect and
  revoke RSEO
• Need to prepare decision, statement of reasons
  and Notice of Decision to revoke a RSEO
• Notice must be registered

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Next stagehas landlord complied with the RSEO?

• If no, make decision to that effect
• Prepare decision and statement of reasons
• Serve notice of the failure on the Local
  Authority
• Decide whether to make a Rent Relief Order

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Decision and Statement

• Style not mandatory but requirements of Act must
  be complied with
• Decision may be by majority but must say so and
  give brief note of dissenting opinion
• Ready for issue within 3 working days
• Should be signed by the chairperson

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Decisions covered by Schedule 2(6) must

• Contain a full statement of facts and reasons
• Contain details of the appeal procedure and
• Narrate the effect of section 63 in relation to
  when it comes into effect

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Registration

• Section 61
• RSEO
• Notice of Variation or Revocation of an RSEO
• Certificate under section 60
• The Committee that makes it registers it
• Should be registered within 14 days

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How does registration work?

• 2 different procedures depending on whether Title
  recorded in Land Register or GRS
• Necessary forms will be partly completed and
  available on website

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GRS

• Must insert full conveyancing description in the
  Order
• From now on, that will be supplied in your papers
• Complete and sign Order
• Prepare 4 certified copies
• Complete and sign form SAF
• Send all these with decision and statement to
  prhp and we take it from there

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Land Register

• Must insert Title Number e.g. AYR 4321 and full
  property address, but not conveyancing
  description
• Complete and sign Order Prepare 4 certified
  copies
• Complete forms 2 and 4
• Sign form 2 partially completed template to be
  on website
• Send with decision and statement to prhp